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A30617 The soveraignty of the British seas proved by records, history, and the municipall lawes of this kingdome / written in the yeare 1633, by that learned knight, Sr John Boroughs ... Borough, John, Sir, d. 1643. 1651 (1651) Wing B6129; Wing B3774_CANCELLED; ESTC R10587 24,855 175

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THE SOVERAIGNTY of the BRITISH SEAS Proved By Records History and the Municipall Lawes of this KINGDOME Written in the yeare 1633. By that Learned Knight Sr JOHN BOROUGHS Keeper of the Records in the Tower of London London Printed for Humphrey Moseley and are to be sold at his Shop at the Princes Armes in St Pauls Church-yard 1651. To the Reader BE not startled to see so great a subject handled in so small a Volume When you have read but a little of this little you 'll thinke the Authour was tender of your trouble but not of his own For how cheape soever you come by this Book it cost the Author the perusall and search of the best and most Records of our Nation And yet hee was one that knew well enough how to value his time for none made better use of it and in these kinds of Scrutinies you may beleeve he went the best way because hee knew them all and trod them every day it being his Office not to be ignorant of any Records that concern'd the Honour or Antiquitie of this Island It was written at the request of a great Person who desir'd to understand the true State of the Question concerning the Dominion of the British Seas as well what Histories as our own Records would afford And here 't is done in a little roome for the Author was able to speake fully and briefly both at once Some others have written of the same Subject and if wee thought any spake more or so much in so short compasse wee should forbeare the publication of this Wee are borne in an Island and cannot goe out of it without asking leave of the Sea and Winde and not to know what Right we have to that Water which divides us from all the World is something ill becoming such as can read and may know for reading The Title is not too bigge for the Booke though one of the greatest Ships of the World was call'd by the same name and if some knowing Persons bee not deceiv'd our Author was the first that hinted it having written this Discourse three yeares before that famous Vessell was built Farewell The Soveraigntie Of the Seas of ENGLAND THat Princes may have an exclusive property in the Soveraigntie of the severall parts of the Sea and in the passage ●ishing shores therof ●s so evidently true by way of fact as no man that is not desperately ●●pudent can deny it and for the point of right though some of late have endeavored by way of argument to prove the contrary affirming them to be not onely publique but common yet the notorious practise of all Maritime Countries the necessity of Order in mutuall commerce and the safety of mens persons goods lives had taught even the most barbarous Nations to know by the light of humane reason that lawes are as equally necessary for the governement and preservation of such as frequent quent the Seas as of those that trade and negotiate on the firme land And that to make lawes and to give them the life of execution must of necessity require a supreame authority for to leave every part of the Sea and shores to an arbitrary and promiscuous use with-a correcting and securing power in case of wrong or danger is to make men of the like condition with the fishes that live therein of which the greater doe usually devoure and swallow the lesse I conceive therefore that Princes doe entertaine these Schoole Problems and Criticismes no otherwise then with contempt and scorne much disdaining to bee wrangled out of the ancient rights regalities annexed to their crownes by the subtile Arguments of witt and Sophistrie specially considering that amongst the Civill Lawyers themselves there is so great diversity of opinion whilst some peremptorily maintaine That Mare littora maris jure Gentium sunt communia Others as confidently saying Videmus de jure Gentium in mare esse distincta dominia sicut in terra And further mare ipsum ad centum usque milliaria pro territorio districtuque illius Regionis eviproxim appropinquat assignatur with many other like alterations diameter wife contradictorie the one to the other And therefore the question being not as yet resolved amongst themselves it were strange to thinke that Princes in the meane time will relinquish the possession of those Royalties which they and their Ancestors have held beyond all memory without a judgement first agreed upon and affirmed in the case And for his sacred Majesty our dread Soveraigne Lord the King such is his cleare and indubitable right to the Superiority of the Seas of England derived and confirmed upon him by immemorable prescription and continued in possession even untill this very yeare 1633. that the hearts and consciences of all just men must necessarily subscribe to the evident truth thereof But if contrariewise any shall presume and goe about actually to dispossesse his Majestie of this his undoubted birthright or usurpe upon his Soveraigntie in a case so highly concerning his honour and safety as well of his owne kingdomes and subjects as of other Nations that under the wing of his protection doe passe those Seas his Majestie no doubt will never be unprovided of a good sword to vindicate that right which all his royall progenitors have carefully maintained the lawes and customes of this kingdome have ratified and confirmed forraigne Nations have freely acknowledged as by the subsequent monumēts of Record History the Cōmon lawes of the land will evidently appeare When Julius Caesar first undertook the Invasion of this our Isle of Brittaine he found the neighbouring Nation of the Gaules in a manner altogether ignorant of the Island it selfe the condition of the Inhabitants their Townes Havens approaches Quae omnia fere Gallis erant incognita neque enim temere praeter mercatores adit ad illos quisquam neque eis ipsis quidquam praeter oram Maritimam atque eas Regiones quae sunt contra Galliam notum est So are the words of Caesar whereby it appeareth that the Brittains kept off all Strangers except Merchants from approaching their confines that those Merchants in their accesse were restrained to the shore only that lay opposite to the Gaules without being suffered to make further discoveries of the more remote coasts Insomuch that the same Caesar upon diligent examination of those Merchants Neque quanta esset Insulae magnitudo neque quae quantae Nationes incolerent neque quem usum belli haberent aut quibus institutis uterentur neque qui essent ad majorum naviū multitudinē idonei portus reperire poterat which restaint of strangers they could not otherwise make good but by the goodnes greatnes of their Shipping as may be gathered by the words of the same Caesar afterwards used For though the Brittaines for ordinary imployment Rivers and upon the Coasts neare the maine had Ships composed of meane